Legal Opinion

COSTAL PLAINS OIL COMPANY v. Douglas

New Mexico Supreme Court

Decided August 15, 1961No. 6800PublishedCited by 17 opinions

1Opinion of the Court

CARMODY, Justice.

Appellant (plaintiff below) urges error by the trial court in denying appellant the right to file a reply to a counterclaim and thereafter in entering judgment which practically offset the amount sought in the complaint by the amount alleged in the counterclaim.

The record contains no testimony, no transcript of any hearing, and discloses only the following:

Appellant filed its complaint, which was timely answered by the defendant, with a counterclaim included therein. Within a few days, after the filing of the answer and the counterclaim, appellant propounded interrogatories,…

2Cases cited7 opinions

  1. Frank Adam Electric Co. v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Eighth Circuit · 1945
  2. Fisher v. TerrellNew Mexico Supreme Court · 1947
  3. In Re Quantius'willNew Mexico Supreme Court · 1954
  4. Hobbs v. Town of Hot SpringsNew Mexico Supreme Court · 1940
  5. State Collection Bureau, Inc. v. RoybalNew Mexico Supreme Court · 1958

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. United Nuclear Corp. v. General Atomic Co.New Mexico Supreme Court · 1979
  2. Sundance Mechanical & Utility Corp. v. AtlasNew Mexico Supreme Court · 1990
  3. Edington v. AlbaNew Mexico Supreme Court · 1964
  4. Hanberry v. FitzgeraldNew Mexico Supreme Court · 1963
  5. State v. SerranoNew Mexico Supreme Court · 1966

12 more not listed; retrieve them via the Exa API.

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